[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR79.33]

[Page 350-351]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
    Subpart D--Eligibility Criteria for Claims by Onsite Participants
 
Sec. 79.33  Proof of participation onsite during a period of atmospheric nuclear testing.

    (a) Claimants associated with the Department of Defense (DoD) 
Components or DoD contractors. (1) A claimant or eligible surviving 
beneficiary who alleges that the claimant was present onsite during a 
period of atmospheric nuclear testing as a member of the armed forces or 
an employee or contractor employee of the DoD, or any of its components 
or agencies, must submit the following information on the claim form:
    (i) The claimant's name;
    (ii) The claimant's military service number;
    (iii) The claimant's social security number;
    (iv) The site at which the claimant participated in an atmospheric 
nuclear test;
    (v) The name or number of the claimant's military organization or 
unit assignment at the time of his or her onsite participation;
    (vi) The dates of the claimant's assignment onsite; and
    (vii) As full and complete a description as possible of the 
claimant's official duties, responsibilities, and activities while 
participating onsite.
    (2) A claimant or eligible surviving beneficiary under this section 
need not

[[Page 351]]

submit any additional documentation of onsite participation during an 
atmospheric nuclear test at the time the claim is filed; however, 
additional documentation may be required as set forth in paragraph 
(a)(3) of this section.
    (3) Upon receipt under this subpart of a claim that contains the 
information set forth in paragraph (a)(1) of this section, the Radiation 
Exposure Compensation Program will forward the information to the DoD 
and request that the DoD conduct a search of its records for the purpose 
of gathering facts relating to the claimant's presence onsite and 
participation in an atmospheric nuclear test. If the facts gathered by 
the DoD are insufficient to establish the eligibility criteria in 
Sec. 79.32 of these regulations, the claimant or eligible surviving 
beneficiary will be notified and afforded the opportunity to submit 
military, government, or business records in accordance with the 
procedure set forth in Sec. 79.72(c).
    (b) Claimants Associated with the Atomic Energy Commission (AEC) or 
the Department of Energy (DOE), or Who Were Members of the Federal Civil 
Defense Administration or the Office of Civil and Defense Mobilization. 
(1) A claimant or eligible surviving beneficiary who alleges that the 
claimant was present onsite during an atmospheric nuclear test as an 
employee of the AEC, the DOE or any of their components, agencies or 
offices, or as an employee of a contractor of the AEC, or DOE, or as a 
member of the Federal Civil Defense or the Office of Civil and Defense 
Mobilization, must submit the following information on the claim form:
    (i) The claimant's name;
    (ii) The claimant's social security number;
    (iii) The site at which the claimant participated in an atmospheric 
nuclear test;
    (iv) The name or other identifying information associated with the 
claimant's organization, unit, assignment, or employer at the time of 
the claimant's participation onsite;
    (v) The dates of the claimant's assignment onsite; and
    (vi) As full and complete a description as possible of the 
claimant's official duties, responsibilities, and activities while 
participating onsite.
    (2) A claimant or eligible surviving beneficiary under this section 
need not at the time the claim is filed submit any additional 
documentation demonstrating the claimant's presence onsite during an 
atmospheric nuclear test; however, additional documentation may be 
thereafter be required as set forth in paragraph (b)(3) of this section.
    (3) Upon receipt under this subpart of a claim that contains the 
information set forth in paragraph (b)(1) of this section, the Radiation 
Exposure Compensation Program will forward the information to the Nevada 
Field Office of the Department of Energy (DOE/NV) and request that the 
DOE conduct a search of its records for the purpose of gathering facts 
relating to the claimant's presence onsite and participation in an 
atmospheric nuclear test. If the facts gathered by the DOE/NV are 
insufficient to establish the eligibility criteria in Sec. 79.32 of 
these regulations, the claimant or eligible surviving beneficiary will 
be notified and afforded the opportunity to submit military, government, 
or business records in accordance with the procedure set forth in 
Sec. 79.72(c).